EPCRA Toxic Release Inventory Reports Due July 1, 2010

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Toxic Release Inventory (TRI) Reports mandated by the Emergency Planning and Community Right-to-Know Act (EPCRA) are due July 1, 2010 for the 2009 reporting year. Although a requirement for many industries for more than two decades, TRI Reports are sometimes overlooked because they do not directly impact operations or production.  As a matter of background on TRI reporting, the Superfund Amendments and Reauthorization Act (SARA) of 1986 created EPCRA, the statute that was designed to improve community access to information about chemical hazards and to facilitate the development of chemical emergency response plans.

 Section 313 of EPCRA requires that reports be filed by owners and operators of facilities that meet all of the following criteria. 

  • The facility has 10 or more full-time employee equivalents; and 
  • The facility is included in a North American Industry Classification System (NAICS) code listed in Table I; and  
  • The facility manufactures, processes, or otherwise uses any EPCRA Section 313 chemical in quantities greater than the established threshold in the course of a calendar year.   

The number of full-time employees is dependent only upon the total number of hours worked by all employees and other individuals (e.g., contractors) for the facility during the calendar year and not the number of persons working. If the total number of hours worked by all employees for your facility is 20,000 hours or more, your facility meets the ten employee threshold. 

Beginning with 2006 EPCRA Section 313 reporting, the TRI Program began requiring North American Industry Classification System (NAICS) codes instead of Standard Industrial Classification (SIC) codes. The list of NAICS codes for facilities that must report to TRI if all other threshold determinations are met is provided in Table I of the Toxic Release Inventory instructions.

 The term manufacture” means to produce, prepare, compound, or import an EPCRA Section 313 chemical. You should also consider the possible coincidental production of an EPCRA Section 313 chemical as a result of the manufacture, processing, otherwise use or disposal of another chemical or mixture of chemicals.

 The term “process” means the preparation of a listed EPCRA Section 313 chemical, after its manufacture, for distribution in commerce. Processing is usually the incorporation of an EPCRA Section 313 chemical into a product. A facility may process an impurity that already exists in a raw material by distributing that impurity in commerce.  Processing includes preparation of the EPCRA Section 313 chemicals in the same physical state or chemical form as that received by your facility, or preparation that produces a change in physical state or chemical form.

 The term “otherwise use” means the use of an EPCRA Section 313 chemical, including an EPCRA Section 313 chemical contained in a mixture or other trade name product or waste that is not covered by the terms manufacture or process.  Otherwise use of an EPCRA Section 313 chemical does not include disposal, stabilization, or treatment for destruction unless certain conditions are met.  Relabeling or redistributing of the EPCRA Section 313 chemical where no repackaging of the EPCRA Section 313 chemical occurs does not constitute an otherwise use or processing of the EPCRA Section 313 chemical.  Some “otherwise uses” of listed EPCRA Section 313 chemicals are also exempted by the regulations.

 EPCRA Section 313 chemicals contained in “articles” that are processed or otherwise used at a covered facility are exempt from threshold determinations and release and other waste management calculations. The exemption applies when the facility receives the article from another facility or when the facility produces the article itself. The exemption applies only to the quantity of EPCRA Section 313 chemical present in the article. If the EPCRA Section 313 chemical is manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the article, in excess of an applicable threshold quantity, the facility is required to report that use of a chemical (40 CFR Section 372.38(b)).

 If the processing or otherwise use of all like items results in a total release of 0.5 pound or less of an EPCRA Section 313 chemical in a reporting year to any environmental medium, EPA will allow this release to be rounded to zero, and the manufactured items retain their article status. The 0.5 pound threshold does not apply to each individual article, but applies to the sum of all releases from processing or otherwise use of all like articles.

 EPCRA Section 313 reporting is required if threshold quantities are exceeded. If you meet the other criteria noted above, you must submit a report for any EPCRA Section 313 chemical that it: 

  • Is not listed as a PBT chemical and which is manufactured or processed at your facility in excess of 25,000 pounds per toxic chemical or category over the calendar year. 
  • Is not listed as a PBT chemical and that is otherwise used at your facility in excess of 10,000 pounds per toxic chemical or category over the calendar year. 
  • Is listed as a PBT chemical and which is manufactured, processed or otherwise used at your facility above the designated threshold for that chemical.  The PBT chemical names, CAS numbers and reporting thresholds are listed in the TRI reporting instructions.   

Starting this reporting year, facilities can only use TRI-MEweb or paper for submitting Form R(s) and/or Form A(s).  The report for the 2009 calendar reporting year will be due on or before July 1, 2010 whether using Form R or Form A. If you have any questions about EPCRA Section 313 reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on EPCRA Section 313 Reporting obligations and instructions for completing the report are provided on EPA’s TRI Program website.

Commercial Banks Likely Source of Distressed Assets

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A forecast during a recent International Council of Shopping Centers (ICSC) webinar suggested that the next large source of “distressed real estate assets” will be from commercial banks. “Distressed real estate assets” is a phrase used in the financial markets to describe a real estate asset that is put up for sale, usually at a discounted price, because its owner is forced to sell.  An owner may be forced to sell an asset for various reasons including business bankruptcy, excessive debt, inability to refinance and/or regulatory constraints.  During the recent webinar, an ISCS presenter indicated that

Commercial banks hold about 50% of the maturing commercial real estate loans and are just starting to face reality by recognizing losses.  Another 150 to 200 banks are expected to fail in 2010.

As a result of these bank failures, the Federal Deposit Insurance Corporation (FDIC) will become one of the largest purchasers (and consequently sellers) of distressed assets.

According to real estate experts, more trouble is looming in these traditional commercial markets.  Another panelist at the same ICSC webinar said that

Over $1 trillion worth of commercial mortgages will be coming due with an estimated $170.1 billion in 8,084 commercial properties in distress (delinquencies, defaults, etc).

Predictably, a large percentage of these distressed loans will result in the real estate being sold at a reduced rate, sold at auction, or foreclosed upon by the lenders.

While distressed assets can be acquired for a discounted price, purchasers may also unknowingly acquire liabilities if proper due diligence is not conducted at the outset of the transaction.  Compounding this issue is the fact that distressed asset deals are often brokered by lenders or third parties, such as auction houses or court appointed receivers who may not be in possession of, or may not disclose, information on liabilities associated with the real estate asset. The purpose of this blog is to discuss circumstances under which a distressed asset can quickly become a liability in the absence of thorough due diligence programs.

Closed retail centers are often environmentally impaired as the result of past operations by dry cleaners, printers, photochemical processors, and other lessees.  Great corner properties that have a perfect “location, location, location” were often former gasoline stations with no information on the closure of their fuel tanks and distribution system.  The underground storage tanks may have never been removed, or worse, leaked product and impacted soil and groundwater at the property.  Those liabilities could result in a significantly lower than anticipated rate of return due to environmental cleanup and further legal liabilities. Additionally, potential sources of environmental impairment are often not identified in the chain of title or noted in legal documents.  Without completing appropriate due diligence consistent with ASTM E 1527-05, those potential liabilities may not be identified and a purchaser of a distressed asset may not qualify for Landowner Liability Protections (LLPs) provided under federal law.

In addition to conditions that result in environmental impairment, buildings that are part of a distressed portfolio often are subject to disrepair and inconsistent or improper maintenance.  As a result, those properties may have substandard utilities or roofing, or have structural problems that may require repair prior to leasing. The condition of building systems should also be evaluated prior to acquisition.

The FDIC has implemented a due diligence process to attempt to avoid those types of liabilities. CEC supported the FDIC when it was named Receiver for the closing of a Pittsburgh bank that occurred in August 2009.  The bank was closed by the Office of Thrift Supervision.  As part of the closing process, the FDIC contracted with CEC to use a process of environmental due diligence to gain initial information about a mix of residential and commercial properties of interest (to be foreclosed upon properties).  Environmental due diligence checklists (field screening) completed by CEC identified more than 15% of the properties with environmental “red flags” that suggested more traditional environmental due diligence was necessary.  Red flagged properties included commercial properties with a history of dry cleaning use or issues related to leaking underground storage tanks (LUSTs).  These  properties could have substantial environmental issues that will affect the FDIC’s decision on whether to foreclose or pursue other risk mitigation actions.

For more information on how public and private real estate companies, owners/developers, REITs, financial institutions, private equity funds, insurance companies, or governments can appropriately manage the risks in dealing with distressed assets, contact one of our due diligence professionals, Mary Guinee (mguinee@cecinc.com) at (800) 365-2324, or Ryan Dunning (rdunning@cecinc.com) at (800) 380-2324.

Special Inspections Required for New Buildings by The International Building Code

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It has been our experience that a large number of developers, building owners and architects are unaware of the requirements that are imposed by the International Building Code (IBC) that has been adopted by all 50 states.  CEC has had to inform many of our clients about the requirements for Special Inspections. Chapter 17 stipulates that Special Inspections (inspections by a qualified third party) are not discretionary and are required in order to obtain a certificate of occupancy for additions and new commercial construction. There is a separate IBC Code for one- and two-family dwellings.  Failure to obtain Special Inspections could put obtaining an occupancy permit at risk.  The IBC states that it is unlawful to occupy any building in violation of any provision of the code.

 The IBC specifies that procurement of these Special Inspections is the responsibility of the owner or the design professional in responsible charge of the project acting as the owner’s representative. The Special Inspections are not to be provided by the contractor performing the construction because it puts an inspector hired by the contractor in a conflict of interest. Special Inspections may include inspections/testing of soils and earthwork, foundations, reinforced concrete, reinforced masonry, structural steel, welds, high strength bolts, etc. Special Inspections are more detailed and comprehensive than traditional construction monitoring/testing and are required to be performed by trained and certified inspectors.  The International Code Council (author of the IBC) tests and certifies Special Inspectors.  Special Inspectors are certified for specific types of construction activities only after completing courses of study and testing. 

 Owners and cost estimators should note that properly conducted Special Inspections for a project cost more than traditional inspections. This is because the Special Inspector must be onsite longer to complete the code-required inspections and testing. Based on experience with Special Inspection costs in the Carolinas where Special Inspections have been required for over 10 years, costs can vary from between 1 to 2 percent of the construction cost, depending on the size of the project, the complexity of the structure, and the required Special Inspections.  Although more costly to perform, a well-executed Special Inspections program can provide increased value by reducing the risk for potential litigation due to poor structure performance or failures, increasing the quality of construction, and improving records of the construction processes.  These benefits can easily offset the cost increase over traditional inspections. 

 If you have any questions about the IBC Special Inspections, how they may impact an upcoming project, and how you can meet the IBC requirements, contact Jeffrey Woodcock, P.E. (jwoodcock@cecinc.com) or Micah Sayles (msayles@cecinc.com) at 800-365-2324.

Clean Air Act Information Collection Request for Coal and Oil-Fired Electric Utility Steam Generating Units

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The U.S. Environmental Protection Agency (EPA) has initiated work to develop emissions standards for power plants under Clean Air Act (CAA) Section 112.  Pursuant to EPA’s authority under Section 114 of the CAA, EPA’s Office of Management and Budget (OMB) approved and issued an Information Collection Request (ICR) on December 24, 2009 requiring all US power plants with coal-or oil-fired electric generating units to submit emissions information for use in developing the proposed emissions rule for air toxics. The ICR requests owners/operators of all coal- and oil-fired electric utility steam generating units provide information that will allow EPA to assess the emissions of hazardous air pollutants (HAP) from each such unit. This information will be used by the Administrator of EPA in developing National Emission Standards for Hazardous Air Pollutants (NESHAP) under CAA Section 112.

The facilities that received the ICR were selected based on the definition of an electric steam generating unit under the CAA Section 112(a)(8) which “defines an electric utility steam generating unit as any fossil fuel-fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale.  A unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 MWe output to any utility power distribution system for sale is also considered a utility unit.”

The ICR is composed of two major components. The first component is a survey issued to all coal- and oil-fired electric utility steam generating facilities listed in the 2007 version of the Department of Energy’s (DOE) Energy Information Administration’s (EIA) Forms 860 and 923, “Annual Electric Generator Report,” and “Power Plant Operations Report,” respectively. The survey requires the facility to self report specific information such as:

  •  identification and confirmation of existing generating unit,
  • the unit design, operations,
  • fuel analysis; and,
  • emissions data.

This ICR survey solicits data for the most recent 12 months of fuel analysis and emissions test data for all tests conducted since January 01, 2004.  The first component of the ICR is due to EPA within 90 days of receipt of the ICR.

EPA selected a limited number of facilities to complete the second component of the ICR. The second component was designed to collect sufficient information for EPA to evaluate whether specific HAPs can be addressed in future regulations through the use of surrogates and to validate the performance of specific type facilities.  This component will require a limited number of facilities to conduct emissions testing for specific HAPs in accordance with EPA approved sampling and analytical protocols. Coal-fired and oil-fired units that are required to conduct stack testing must conduct emissions testing for one to four different categories of HAPs.  These categories of HAPs are mercury and non-mercury metallic HAP (e.g., As, Pb, Se), acid gas HAP (e.g., HCl, HF, HCN), non-dioxin/furan organic HAP (e.g. volatiles, semi-volatiles, carbon monoxide, formaldehyde) and dioxin/furan organic HAP (e.g. dioxin/furans and PCB’s). The testing requires the performance of three emission test runs at the appropriate sampling location utilizing approved sampling protocols with specified sampling volumes and specific analytical techniques for each parameter. In conjunction with the emissions testing, each facility responding to the second component of the ICR is required to collect and analyze three fuel samples from the fuel fed to the boiler during each stack test.

The results of the emissions tests and the fuel analyses are required to be submitted to the EPA electronically along with PDF copies of all supporting documentation through EPA’s Electronic Reporting Tool (ERT) system.  The selected facilities are required to conduct emissions testing and submit the emission results and fuel analysis data within eight months of receipt of the ICR. The EPA has established an ICR website, http://utilitymacticr.rti.org, where responses to questions, updates to specific information and copies of the ICR can be found.

It should be noted, that units have been identified to the best of the Agency’s ability for the purpose of this ICR action only.  The receipt of the ICR for information or testing does not constitute a final Agency applicability determination for a facility related to the rule under development.  Similarly, units not receiving an ICR may ultimately be determined to be subject to the final rule.  Specific applicability definitions will be developed during the rulemaking process and will be subject to notice and comment.  EPA has negotiated a draft Consent Decree that calls for the proposed rule no later than March 16, 2011 and a final rule no later than November 16, 2011.

If your facility has been affected by the ICR, or if you have any questions regarding the sampling, analysis or reporting under the second major component of the ICR, please contact Frank Stevens at 866-250-3679 or through email at fstevens@cecinc.com

Greenhouse Gas Reporting Requirements for Stationary Fuel Combustion Sources

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As discussed in an earlier posting, Greenhouse Gas (GHG) reporting will be required for 24 source categories (in some cases dependent on emission levels) and facilities with stationary fuel combustion sources that meet specific criteria.  Subpart C deals with the specific reporting, recordkeeping and verification requirements for GHG emissions from fuel combustion.

Starting in 2010, GHG emissions reporting will be required of facilities that have stationary fuel combustion sources where:

  • The aggregate maximum rated heat input capacity of all units at facility exceeds 30 MMBtu/hr, and
  • The facility has GHG emissions exceeding 25,000 metric tons (mt)/year

The regulations define a fuel combustion source as any device that combusts any of 55 solid, liquid or gaseous fuels and includes boilers, stationary internal combustion engines, process heaters, combustion turbines, incinerators, and various other types of equipment. The requirement addresses industrial, commercial and institutional (but not residential) uses of fuel in any combustion device with exemptions for the following:

  • Portable equipment;
  • Emergency generators/equipment;
  • Irrigation pumps at agricultural operations;
  • Flares, unless otherwise required by another subpart;
  • Electricity generating units subject to Subpart D; and
  • Hazardous waste combustion (unless a continuous emission monitoring system (CEMS) is used to monitor CO2 or the unit co-fires fossil fuels)

The fuel consumed as well as the annual operating hours will dictate whether reporting is required.  The regulation provides equations for the calculation of GHG emissions based on the type of fuel, the default high heating value (HHV) of the fuel, and fuel-specific emission factors (EF). There are 4 “Tiers” of calculations based on the type of information available as summarized below:

  •  Tier 1 – use annual fuel consumption (from company records), fuel-specific HHV, and default CO2 emission factors;
  • Tier 2 – use annual fuel consumption (from company records), measured fuel-specific HHV, and default CO2 emission factors;
  • Tier 3 – use annual fuel consumption from company records (for solid fuels) or directly measured fuel consumption values (for liquid and gaseous fuels) and periodic fuel carbon content measurements; and
  • Tier 4 – use CEMS data. There are a variety of restrictions on the use of the Tier 4 methodology. The rule should be consulted prior to using this method.

 As an example, GHG emissions reporting will not be triggered unless fuel consumption exceeds the following:

When Do You Need to Report?
Fuel Design Capacity(MMBtu/hr) Maximum Annual Fuel Use1
Coal 30 > 10,800 short tons
Fuel Oil 35 >2.3 million gallons
Natural Gas 50 >460 million ft3 (460,000 Therm)
Biogas (recovered methane) 50 >570 million ft3
Wood 30 > 10,600 short tons
Ethanol 40 > 4.3 million gallons

1Approximate values assuming full utilization; 8,760 hours/year; and Tier 1 calculation

 Regardless of the design capacity, emissions will remain below 25,000 mt/yr if the fuel consumption is below the maximum levels specified above. Similar calculations can be made for other fuel types based on the HHV and EF provided in Table C-1 of Subpart C.

 Facilities with combustion units that are exempt from state air quality permitting requirements (e.g., in many states, those individually rated at less than 10 MMBtu/hr are exempt from permitting) will be subject to all of the GHG reporting and documentation requirements.  For some facilities that had been tracking and reporting their GHG emissions on a voluntary basis (or due to state requirements), the new regulation may result in an increase in calculated GHG emissions due to the inclusion of GHG emissions from smaller (exempt) combustion units and/or changes in calculation methodology.

 CEC recommends that facilities inventory all fuel combustion sources to evaluate whether this Subpart applies or if the facility is exempt from reporting.  If you are unclear about how this rule affects your facility, please contact one of CEC’s GHG experts: Kris Macoskey, 800-365-2324, kmacoskey@cecinc.com.  You may also email CEC’s GHG team for additional information at GHGENVHelp@cecinc.com.

2009 EPCRA TIER II Report

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Although the requirements for the preparation and submittal of Tier II Reports were established more than 20 years ago, we still find that some facilities are not submitting the reports or forget to submit the reports in accordance with the deadline.  This can also be an issue for facilities where environmental departments have been downsized or eliminated due to current economic conditions.  The Emergency Planning and Community Right-to-Know Act (EPCRA) established the requirements for Federal, state and local governments, Indian Tribes, and industry regarding reporting on hazardous and toxic chemicals.  EPCRA was passed in response to concerns regarding environmental and safety hazards posed by the storage and handling of toxic chemicals.  These concerns were triggered by the disaster in Bhopal, India caused by the accidental release of methyl isocyanate.

Facilities covered by EPCRA requirements must submit an Emergency and Hazardous Chemical Inventory Form to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the local fire department annually. Facilities provide either a Tier I or Tier II Form although most States require the Tier II Form.  Some states and counties have requirements in addition to the federal Tier II requirements. 

The EPCRA Tier II Form submittal is due on March 1, 2010.  The Tier II Form is required for chemicals that are stored at your facility above specific weight thresholds that are not exempted under the EPCRA regulations.  The weight threshold varies for extremely hazardous substances (EHS) and is set at 10,000 pounds for other chemicals stored at your facility.

 Tier II Forms must report the required information for each hazardous chemical present at your facility in quantities equal to or greater than established threshold amounts (discussed below), unless the chemicals are excluded.  Hazardous chemicals are any substance for which your facility must maintain a Material Safety Data Sheet (MSDS) under OSHA’s Hazard Communication Standard (described at 29 CFR 1910.1200).

 Section 311(e) of EPCRA excludes a number of substances.  The OSHA regulations at Section 1910.1200(b) also stipulates various exemptions from the requirement for maintaining an MSDS for certain chemicals or materials. Minimum thresholds have been established for Tier II reporting under EPCRA Section 312.  These thresholds are as follows:

  • For Extremely Hazardous Substances (EHSs) – the reporting threshold is 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.  The current list of EHS chemicals and their TPQs is maintained at 40 CFR Part 355. 
  • For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons, if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements. 
  • For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons, if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable UST requirements. 
  • For all other hazardous chemicals for which facilities are required to have or prepare an MSDS, the minimum reporting threshold is 10,000 pounds.

 Your facility needs to report hazardous chemicals that were present at your facility at any time during the previous calendar year at levels that equal or exceed these thresholds.  The report covers the 2009 calendar year, beginning January 1 and ending December 31. For each chemical that your facility has listed, identify all the physical and health hazard boxes that apply.  These hazard categories are defined in 40 CFR 370.2.  The two health hazard categories and three physical hazard categories are a consolidation of the hazard categories defined in the OSHA Hazard Communication Standard, 29 CFR 1910.1200.  <more info>

 For each chemical that is reported, the Tier II form asks for specific information such as the maximum amount stored onsite, average daily amount stored onsite, number of days present onsite, and storage codes and storage location information (for non-confidential chemicals).  You may elect to withhold location information on a specific chemical from disclosure to the public.  The Tier II instructions provide details for submittal of confidential information. The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete.  An original signature is required on the submission. 

To obtain Tier II reporting procedures and requirements for your state, please click on the state where your facility is located using the following EPA website link: http://www.epa.gov/oem/content/epcra/tier2.htm#state. We noted that at least one of the EPA’s website links were broken (e.g. Pennsylvania) at the time this blog page was written.  Pennsylvania’s website for Tier II information is found at: http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553047&mode=2.

 The completed Tier II form(s) must be submitted to each of the following organizations:  SERC, LEPC, and the fire department with jurisdiction over your facility.  If you have any questions about EPCRA Tier II reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on EPCRA Tier II Reporting obligations and instructions for completing the Tier II report are provided at http://www.epa.gov/oem/docs/chem/t2-instr.pdf.

2009 RCRA Biennial Hazardous Waste Report

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This blog was prepared as a reminder that your facility is required to complete and file the 2009 RCRA Hazardous Waste Report (also known as the “Biennial Report”) or your State’s equivalent hazardous waste report by March 1, 2010 if your facility met the definition of a RCRA Large Quantity Generator (LQG) during 2009; or if your facility treated, stored, or disposed of RCRA hazardous wastes on-site during 2009.  We know of a number of facilities where the environmental departments have been downsized or eliminated due to economic conditions, so we thought this blog could be helpful.  Your facility is a RCRA LQG for 2009 if your facility met any of the following criteria:  

  • Your facility generated, in any single calendar month, 1,000 kg (2,200 lbs.) or more of RCRA non-acute hazardous waste; or 
  • Your facility generated, in any single calendar month, or accumulated at any time, more than 1 kg (2.2 lbs.) of RCRA acute hazardous waste; or
  • Your facility generated, in any single calendar month, or accumulated at any time, more than 100 kg (220 lbs.) of spill cleanup material contaminated with RCRA acute hazardous waste.

 Report your facility’s current Hazardous Waste Generator status based on the date you submit your 2009 Hazardous Waste Report on the Site ID Form.  Your facility’s current status could be different from the status during the 2009 Hazardous Waste Report year.  Hazardous waste imported from a foreign country in 2009 must be counted in determining your facility’s generator status if your facility is the U.S. Importer.

 Do not file the 2009 Hazardous Waste Report if, during 2009, your facility was not a RCRA LQG and your facility did not treat, store, or dispose of RCRA hazardous wastes on-site in waste management units subject to a RCRA operating permit.  Do not file the 2009 Hazardous Waste Report if, during 2009, all hazardous waste generated at your facility was exported directly out of the United States to a foreign country. An Annual Report must be filed in this case as required under 40 CFR 262.56.

 States may impose reporting requirements above and beyond the Federal requirements. Some States use a modified version of this report or their own instructions and forms to fulfill their reporting requirements.   Please contact your State Office about State-specific requirements.   See the State Contacts list at http://www.epa.gov/osw/inforesources/data/form8700/contact.pdf,

 EPA has added the collection of additional data to incorporate changes from the Revisions to the Definition of Solid Waste Final Rule and the Subpart K Hazardous Waste at Academic Laboratories Final Rule. EPA has also made some editorial changes to the instructions and forms for clarification of the data collected.  More information regarding these changes is provided here.

 The 2009 Hazardous Waste Report contains the following four forms: RCRA Subtitle C Site Identification (Site ID Form), Waste Generation and Management (GM Form), Waste Received From Off-site (WR Form), and Off-Site Identification (OI Form).  More information about these forms is provided here.

As noted previously, the 2009 Hazardous Waste Report is due to your State or EPA Regional Office by Monday, March 1, 2010.  Your State reporting requirements or forms may differ from the Federal requirements.  Return your completed Hazardous Waste Report to the address listed for your State or Regional contact: http://www.epa.gov/osw/inforesources/data/form8700/contact.pdf.

Be sure to make a photocopy of your completed Hazardous Waste Report and keep a copy for at least three years from the due date of the report as required by 40 CFR 262.40(b).

 If you have any questions about RCRA Biennial Hazardous Waste reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on RCRA Biennial Reporting obligations, and detailed instructions for completing the hazardous waste report are provided at http://www.epa.gov/waste/inforesources/data/br09/br2009rpt.pdf.